Scottish Executive

Boundary Walls

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive, further to the answer to question S1W-15753 by Mr Jim Wallace on 11 June 2001, how the legal holding of march fence type boundary walls can, in terms of common sense and equity between adjacent parties, be ascribed to the rule of ownership in law to the mid-point only where the wall is constructed of linear single brick or breeze-block with butted support along one side and capped by concrete cope.

Mr Jim Wallace: I refer the member to the answer given to question S1W-24572 on 23 April 2002.

Charity Law

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what progress is being made with the establishment of the National Advisory Forum to take forward the recommendations arising from the Scottish Charity Law Review.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive who the members are of the National Advisory Forum who will assist in taking forward the recommendations arising from the Scottish Charity Law Review and when the Forum last met.

Mr Jim Wallace: The Executive has recently published an analysis of the public consultation on the recommendations in the report of the Scottish Charity Law Review Commission (the McFadden report). Whilst the majority of respondents agreed with the general thrust of the report’s recommendations, it is clear that a number of the proposals need some refining if they are to be translated into durable practice.

  Officials are now approaching the organisations which have agreed to participate in the Charity Law Advisory Forum which I announced on 23 October 2001. The published analysis will provide important context for the forum’s work. We will be expecting the forum to provide advice on the practical aspects of implementing the recommendations in the McFadden report to enable ministers to decide how best to proceed. That advice will be key, not only to the analysis of issues and proposals for legislation but also to the eventual successful implementation of reforms.

  In addition to the responses received to the public consultation on McFadden, the forum will have available to it the outcome of our Social Economy Review and any relevant recommendations arising from the Cabinet Office Performance and Innovation Unit’s report on charities and not-for-profit organisations.

  The following organisations have agreed to be represented on the forum:

  Association of Charity Shops

  Association of Chief Officers of Voluntary Organisations in Scotland

  Association of Chief Police Officers in Scotland

  British Heart Foundation

  Capability Scotland

  Charity Commission

  Church of Scotland

  COSLA

  Councils for Voluntary Service Scotland

  Inland Revenue (Charities)

  Institute of Charity Fundraising Managers

  Law Society of Scotland

  Roman Catholic Church

  Royal Botanic Gardens Edinburgh

  Royal Society for the Protection of Birds

  Scottish Charities Office

  Scottish Charity Finance Director’s Group

  Scottish Council of Independent Schools

  Scottish Credit Union Partnership

  Scottish Federation of Housing Associations

  Volunteer Development Scotland.

Civil Servants

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive how often it has consulted the Civil Service Commissioners before making a particular appointment in each year since its inception.

Mr Andy Kerr: The Scottish Executive makes appointments to all posts excluding the Senior Civil Service in accordance with the principles set out in the code and without further reference to the commissioners. The Scottish Executive has therefore not consulted the Civil Service Commissioners before making any particular appointments at this level.

  Approval of individual appointments by the commissioners is required for appointments to the Senior Civil Service (apart from appointments of less than 12 months).

Drug Misuse

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive whether it has investigated the possible use of pharmacological alternatives to methadone as a means of weaning drug addicts away from heroin.

Dr Richard Simpson: As part of a programme of research reviews on the effectiveness of drug treatment, the Executive's Effective Interventions Unit is drawing together existing evidence on the effectiveness of drug therapies (including methadone, buprenorphine, dihydrocodeine and others) from systematic reviews conducted internationally. The findings from this programme of work will be available in June 2002.

  The Chief Scientist Office in the Executive has also commissioned a randomised trial of methadone versus dihydrocodeine to help in considering the effectiveness of substitute prescribing. The trial is due to be completed in September 2003.

Drug Misuse

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive whether funding for methadone treatments is allocated on an individual patient basis or whether each NHS board receives a block allocation of funding for such treatments.

Dr Richard Simpson: In addition to its general health allocations, each NHS board receives earmarked funding for drug treatment services in line with the Arbuthnott Substance Misuse Formula. This formula takes account of deprivation and need, including population, age sex structure and service delivery costs due to remoteness. It is for each NHS board, in partnership with the relevant drug action team(s) and their constituent agencies, to direct its spending of these resources in line with local needs and priorities, taking into account other local spending decisions on drug misuse issues.

Emergency Planning

Robin Harper (Lothians) (Green): To ask the Scottish Executive which safety reports under the Control of Major Accident Hazards Regulations 1999 are currently subject to restricted access following terrorist events on 11 September 2001 and which (a) individuals and (b) organisations are able to view such reports under the terms of restriction.

Ross Finnie: As I informed the Transport and Environment Committee on 28 January 2002, all COMAH safety reports are currently subject to access restrictions. National Security aspects of the COMAH regulations are reserved and it is for the Department for Transport, Local Government and the Regions to direct the competent authority as to the nature of access restrictions imposed on national security grounds.

Finance

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive what consideration it has given to the proposal for a national public services trust.

Mr Andy Kerr: I assume that a "national public services trust" refers to the SNP’s proposal in January 2001 for a Scottish Trust for Public Investment (STPI) – an alternative form of model for funding Public/Private Partnerships (PPP) projects. This is not under active consideration currently.

  The Executive is constantly reviewing evolving methods of PPP and will continue to examine different forms, to see if more efficient and successful forms of PPP can be developed.

Fisheries

Richard Lochhead (North-East Scotland) (SNP): To ask the Scottish Executive what impact the EU Commission decision of 15 March 2002 establishing special health checks for the harvesting and processing of certain bivalve molluscs with a level of amnesic shellfish poison exceeding the limit laid down by EC Directive 91/492/EEC will have on the fishing industry.

Mrs Mary Mulligan: I am advised by the Food Standards Agency that the decision permits gatherers to continue to be able to harvest king scallops with toxin levels of up to 250 micrograms of toxins per gram of flesh compared to the current closure level of 20 micrograms. Whilst there are strict conditions associated with the new limit, this represents a relaxation of the controls set out in Council Directive 91/492/EEC and should, in respect of amnesic shellfish poisoning, result in less extensive closures for shorter periods than would otherwise occur.

Fisheries

Richard Lochhead (North-East Scotland) (SNP): To ask the Scottish Executive what provision has been made to enable the fishing industry to comply with the provisions of section 2 of Article 1 of the European Commission’s decision on 15 March 2002 in regard to Directive 91/492/EEC.

Mrs Mary Mulligan: The Food Standards Agency advise me that they are currently preparing legislation to cover the provisions of section 2 of article 1 of the EU amnesic shellfish poisoning decision of 15 March. All stakeholders, including the fishing industry, will be consulted on the draft legislation as well as on the enforcement guidance which will accompany it.

Fisheries

Richard Lochhead (North-East Scotland) (SNP): To ask the Scottish Executive what criteria a mollusc processing plant will have to meet in order to be authorised as an "approved establishment" within the terms of section 2(b) of Article 1 of the European Commission’s decision on 15 March 2002 in regard to Directive 91/492/EEC.

Mrs Mary Mulligan: I am advised by the Food Standards Agency that the authorisation criteria required by shellfish processing plants will be set out in the legislation and guidance that introduces the options to permit marketing of king scallops with above the present statutory limit of amnesic shellfish poison. Industry will be invited to comment via the statutory consultation, at open meetings and via targeted meetings with trade organisations.

Fisheries

Richard Lochhead (North-East Scotland) (SNP): To ask the Scottish Executive which mollusc processing plants have been authorised as "approved establishments" within the terms of section 2(b) of Article 1 of the European Commission’s decision on 15 March 2002 in regard to Directive 91/492/EEC.

Mrs Mary Mulligan: I am advised by the Food Standards Agency that the consultation on the regulatory provisions required to provide for the approval of establishments is not expected to commence until early May. Any premises able to comply with the special conditions set out in the regulations will be able to seek approval from their local food authority.

Health

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive whether drugs such as Naltrexone that block the effects of opioids are currently available on the NHS.

Malcolm Chisholm: Yes.

Health

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive what the current usage is of Naltrexone and other drugs that produce the same effect as Naltrexone, broken down by NHS board area.

Malcolm Chisholm: Two drugs, naltrexone hydrochloride and naloxone hydrochloride are similar in action in that they block the effects of opioids.

  Naloxone hydrochloride is used in overdosage with opioids. However, comprehensive figures for the number of patients who received this treatment are not available centrally. Data collected centrally relate to prescribed items dispensed in the community by community pharmacists and dispensing doctors.

  Naltrexone hydrochloride is used in the treatment of formerly opioid-dependent patients. In 2001, there were 2,041 prescribed items for naltrexone hydrochloride dispensed in the community. This figure does not take into account drugs dispensed by hospitals or hospital-based clinics. The information is given on a national basis in order not to disclose information that may relate to an individual patient.

Housing

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive on what basis Glasgow Housing Association has been offered a £300 million interest free loan payable at £30 million per annum over 10 years.

Ms Margaret Curran: The annual repayable grant will be made available only if the Glasgow Housing Association can demonstrate that this will be required to overcome any potential cash flow difficulties in the early years following the Glasgow housing transfer. Details of the terms of the grant scheme have still to be finalised.

Housing

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive what role it has in providing, or facilitating the provision of, houses in multiple occupation.

Ms Margaret Curran: The use of houses for multiple occupation is mainly driven by market forces. In that connection the Scottish Executive’s role is to ensure as far as possible that the physical condition and management of such houses is to acceptable standards, giving protection to the tenants involved and to neighbours. The Executive introduced mandatory licensing for houses in multiple occupation in October 2000, and is currently reviewing the first year of operation of the licensing scheme.

  Some particular types of residential accommodation in multiple occupation are separately regulated under the Regulation of Care (Scotland) Act 2001. The Housing (Scotland) Act 1987 gives local authorities powers to provide discretionary grants for improvements by private owners including owners of houses in multiple occupation. Grants may also be paid specifically for the provision of fire escapes in houses in multiple occupation, and this will be extended to other means of escape from fire when Part 6 of the Housing (Scotland) Act 2001 is commenced.

  The development funding for new housing provided by the Executive, through Communities Scotland, to Registered Social Landlords, funds a number of group homes where the occupants share facilities, usually with a care element. A small proportion of other housing provided with public funding is also likely to be occupied on a shared tenancy basis, in response to specific requests from prospective tenants.

Housing

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive how many new houses in multiple occupation were built by social landlords other than local authorities and by private developers in (a) 1999, (b) 2000 and (c) 2001.

Ms Margaret Curran: The information requested is not held centrally. Although some properties are built or adapted specifically for use as hostel type accommodation, it is not possible to distinguish how many other houses in any housing sector will be used for multiple occupation, since this is not necessarily determined by the design of the house.

Hutters

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-23288 by Mr Jim Wallace on 20 March 2002, when it will report to (a) the Justice Committees and (b) the Parliament on its conclusions from its consultation exercise on Huts and Hutters and the report on the Carbeth Hutters by the former Justice and Home Affairs Committee.

Mr Jim Wallace: I am aware that constructive discussions are taking place at local level to resolve the difficulties at Carbeth which prompted the committee’s report. All of us who are keen to see a fair and amicable settlement to this issue will hope for a positive outcome to the current discussions. I would not, however, wish to intervene in private negotiations, nor would it be appropriate to do so.

  I expect within the next few weeks to announce conclusions on the committee’s report and the subsequent consultation. It is already clear however that there would be substantial drawbacks to any attempt to legislate in this area. Some of these were recognised by the committee itself. Such legislation would be contrary to fundamental principles of Scots law, in particular that leased land under a short lease reverts to the landlord at expiry of the lease and that property built on leased land belongs to the landlord. Moreover, legislation could not be retrospective or applicable to hutters only, and its promotion might precipitate changes to the ownership and management of comparable estates in Scotland which would be profoundly damaging to the interests of hutters.

Internet Services

Mr Gil Paterson (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to the third supplementary question to question S1F-1777 on 21 March 2002, whether the technology to stop tobacco advertising on the web will also be suitable for stopping the advertisement of pornographic material on the web.

Mr Jim Wallace: Regulation of pornographic content on the internet is a reserved matter.

Lip-Reading

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-22857 by Malcolm Chisholm on 21 February 2002, why the support it provides for lip-reading "is focussed on the training of tutors in lip-reading, rather than the support of classes in particular areas of the country".

Malcolm Chisholm: Scottish Executive support for lip-reading skills is focussed on the training of tutors in lip-reading, rather than the support of classes in particular areas of the country because support for local classes is a matter for local authorities and health boards.

Museums

Elaine Smith (Coatbridge and Chryston) (Lab): To ask the Scottish Executive what consideration it has given to the facilities provided at the Summerlee Heritage Museum in Coatbridge including working trams, the reconstruction of a drift mine, the exhibition hall, the miners row cottages and the facilities and events specifically for children.

Dr Elaine Murray: The Scottish Executive has responsibility for the national museums and galleries of Scotland, whereas responsibility for non-national museums, including Summerlee Heritage Museum, lies with local agencies i.e. local authorities. North Lanarkshire Council has overall responsibility for the Summerlee Heritage Park, Coatbridge. The Scottish Executive has therefore not given consideration to its facilities.

Museums

Elaine Smith (Coatbridge and Chryston) (Lab): To ask the Scottish Executive whether ministers have any plans to visit the Summerlee Heritage Museum in Coatbridge to view the facilities available there and to help market the museum.

Dr Elaine Murray: I have not received any invitation to visit the museum but would be happy to consider any request if received.

Prison Service

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive whether Premier Prisons Ltd is contractually the liable party for any damage arising at HM Prison Kilmarnock, during the transportation of any prisoner to or from the prison or through any other services provided by the company.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  Kilmarnock Prison Services Limited is contractually liable for any damage at HM Prison Kilmarnock arising from the provision of any of the services under the contract (which includes certain responsibilities during the transportation of prisoners to and from the prison).

Prison Service

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive whether Scottish ministers have (a) contributed substantially to the development of any materials or rights, (b) received any monies resulting from their sale and (c) been made aware of any negotiations which may lead to such a sale in terms of the intellectual property rights provisions under section 51.5 of the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock .

Mr Jim Wallace: No.

Prison Service

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive whether Coopers & Lybrand, or their successors PricewaterhouseCoopers, signed Schedule P in line with section 64 of the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock on behalf of the Scottish ministers and, if so, on what date.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  Yes, on 11 November 1997.

Prison Service

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive in which prisons and in what numbers are the 1,900 prisoners held who are required to slop out each day, as referred to in paragraph 30 of its Scottish Prison Service Estate: Consultation Paper - Proposals for the Future of the Scottish Prison Service Estate .

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  This information refers to prisoner places which do not have access to full sanitation. It is contained in The Scottish Prison Service Estates Review Appendix B, which is shown in the following table.

  


Establishment
(Design Capacity) 
  

Without Night Sanitation as at January 2002 
  



Barlinnie (1,009) 
  

833 
  



Edinburgh (678) 
  

292 
  



Glenochil YOI (179) 
  

174 
  



Perth (615) 
  

146 
  



Peterhead (296) 
  

296 
  



Polmont (164) 
  

164 
  



Total 
  

1,905

Prison Service

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive what value of assets, calculated at March 2001 values, would be transferred to the public sector upon termination after 25 years of the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock and to which public body would these assets be transferred.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:

  As published in the SPS Annual Report and Accounts for 2000-01, included with Land and Buildings, as at 31 March 2001, is an amount of £5,259,566 for the reversionary interest in the Private Finance Initiative prison HM Prison Kilmarnock. These assets will transfer to SPS at the end of the contract.

Prison Service

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive what types of assets would be transferred to the public sector upon termination of the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock .

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:

  The prison buildings and the other assets, contained in Schedule B of the contract between SPS and Kilmarnock Prison Services Limited, as published on the SPS website on 8 March 2002.

Prison Service

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive whether HM Prison Kilmarnock was included in the calculation of the projected cost of a Public Private Partnership Private Build Private Operate prison as referred to in paragraph 1.3 of the Financial Review of Scottish Prisons Service Estates Review by PricewaterhouseCoopers.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  Yes, as explained in paragraph 3.3 of the Financial Review of Scottish Prison Service Estates Review.

Scottish Executive Departments

Mr Mike Rumbles (West Aberdeenshire and Kincardine) (LD): To ask the Scottish Executive how much each of its departments spent on postage in each year since 1998-99.

Allan Wilson: The information requested is shown in the following table:

  


Department 
  

1998-99
(£000) 
  

1999-2000
(£000) 
  

2000-01
(£000) 
  



Development Department 
  

101.2 
  

101.5 
  

98.5 
  



Education Department 
  

102.8 
  

110.3 
  

108.6 
  



Enterprise and Lifelong Learning Department 
  

46.2 
  

33.3 
  

27.1 
  



Environment and Rural Affairs Department 
  

325.7 
  

242.3 
  

317.5 
  



Finance and Central Services Department/Corporate Services 
  

116.2 
  

152.2 
  

102.5 
  



Health Department 
  

116.4 
  

90.8 
  

96.2 
  



Justice Department 
  

40.4 
  

37.4 
  

45.7 
  



Total 
  

848.9 
  

767.8 
  

796.1 
  



  The names of the Scottish Executive departments have changed over the period reported. There have also been changes in the balance of functions between departments which will affect their demand for mail services.

Student Finance

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive why monies are being collected under the Scottish Graduate Endowment Scheme, and whether such monies will be hypothecated and, if so, for what purpose.

Ms Wendy Alexander: Monies will be collected under the Scottish Graduate Endowment Scheme because it is fair that graduates, who are the people who principally benefit from their higher education, should make a contribution to ensure that others can gain similar benefits.

  Section 2 of the Education (Graduate Endowment and Student Support)(Scotland) Act 2001 provides that the income arising from the graduate endowment will be used for the purposes of student support.

Teachers

Robin Harper (Lothians) (Green): To ask the Scottish Executive whether teachers who retire now will receive a pension between 2% and 15% greater than teachers who retired previously with identical qualifications and length of service and what the reasons are for the position on this matter.

Mr Andy Kerr: The formula for calculating teachers’ pensions has not changed recently. Teachers’ pensions are calculated on the basis of length of service and salary in the period before retirement, usually the last year of service. Pensions awarded to teachers on their retirement will, therefore, always reflect movements in salary levels.

Tourism

Elaine Smith (Coatbridge and Chryston) (Lab): To ask the Scottish Executive whether its plans for the tourism industry include looking at ways to market ex-industrial areas throughout Scotland such as Coatbridge.

Mike Watson: This is an operational matter for VisitScotland. I understand that they intend to market Scotland’s industrial heritage as part of their new product based marketing strategy.

Tourism

Elaine Smith (Coatbridge and Chryston) (Lab): To ask the Scottish Executive what plans it has to establish state-run hotels, similar to the Spanish parador, where listed buildings could be restored to provide accommodation for tourists and where holiday itineraries could include visits to facilities such as the Summerlee Heritage Museum in Coatbridge.

Dr Elaine Murray: The Scottish Executive has no plans to establish state-run hotels or to restore listed buildings to provide accommodation for tourists.

Transport

David Mundell (South of Scotland) (Con): To ask the Scottish Executive how many liquefied petroleum refuelling points there are.

Lewis Macdonald: Information on liquefied petroleum outlets across the UK can be accessed on the Liquefied Petroleum Gas Association website:

  www.lpga.co.uk.

  The Scottish Executive does not maintain statistics on this matter.